Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 47) des quarante heures, 1935 - Kirghizistan (Ratification: 1992)

Autre commentaire sur C047

Demande directe

2013
2009

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Article 1 of the Convention. The principle of the 40-hour week. In its previous comment, the Committee drew the Government’s attention to certain provisions of the Labour Code which, as currently worded, may be understood to authorize practices that would run counter to the principle of the 40-hour week. More concretely, the Committee drew attention to section 103 of the Labour Code which permits the averaging of hours of work over a period of one year on very broad grounds (for example, economically advantageous not to follow normal working hours) without fixing any limits on the daily or weekly hours that may be worked in the context of such an arrangement. The Committee also commented on section 100 regarding overtime, which does not establish a monthly or annual limit to authorized overtime hours. Furthermore, the Committee requested additional clarification on the application of sections 101 and 106 of the Labour Code which provide for the possibility of unlimited hours of work for certain categories of workers, to be determined by collective agreement, or by contract, or in the internal rules of the establishment concerned. As the Government’s report is limited to enumerating the provisions of the Labour Code setting out the standard 40-hour working week and reduced working hours for specific categories of workers and specific types of work, the Committee requests the Government to further explain how a practically unrestricted recourse to the system of averaging of hours of work, or a broad authorization of overtime, may be deemed to be consistent with a policy of reducing working hours, as required under the Convention.